Pierre Nelson Leval

“We reject these arguments and conclude that the district court correctly sustained Google's fair use defense.”

“For the reasons stated above, the petition for rehearing is denied.”

“We reject Shabazz's arguments and deny his motion.”

“The district court's judgment is REVERSED, and the case is REMANDED with instructions to enter a default judgment in Plaintiff's favor.”

“Reviewed under the proper standards for a Rule 12(b)(6) motion, the Complaint plausibly alleged that a reasonable consumer would be misled by Defendant's whole grain labels to believe that the grain in whole grain Cheez-Its was predominantly whole grain. Accordingly, we vacate the judgment of the district court and remand for further proceedings.”

“We respectfully disagree with the district court's view that Connecticut's robbery statute does not require at a minimum force that would satisfy the ACCA standard. We think that the threat of force capable of causing pain or injury is inherent in the crime of robbery. Accordingly, we VACATE the judgment.”

“Because the record strongly suggests that the court erred either by failing to determine the Defendant's eligibility for a sentence reduction, or by miscalculating the revised United States Sentencing Guidelines (the "Guidelines") range, and the Defendant might have been prejudiced by the error, we REMAND for reconsideration.”

“We conclude that the district court erred in finding that ICA Section 47(b) does not provide a private right of action. However, we agree with the district court that Lansuppe has demonstrated that it is entitled to summary judgment ordering distribution of Soloso's assets according to the terms of the Indenture and that Intervenors' cross-claims fail. Accordingly, we affirm the district court's grant of summary judgment to Lansuppe.”

“The district court concluded that the Hospital was entitled to judgment as a matter of law because Pollard could not prove a 'serious health condition.' We disagree and therefore vacate the judgment.”

“We find that the district court erred in its reasoning. We accordingly vacate in part, reverse in part, and remand.”

“The District Court ruled in MetLife's favor, staying arbitration of Bucsek's claims. We affirm.”

“We agree with BNY Mellon. Accordingly, we reverse the judgment and remand for consideration of Chesapeake's second claim for declaratory relief.”